Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans ...
Author: James F. Jorden
Publisher: Wolters Kluwer Law & Business
Category: Business & Economics
Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Author: American Association of Law LibrariesPublish On: 2003
Loose - leaf , Supplemented annually , ISBN : 0316117005 Handbook on ERISA Litigation , Second Edition James F . Jorden , Stephen H . Goldberg , and
Waldemar J . Pflepsen , Jr . Handbook on ERISA Litigation cuts through
( Slavery , race , and the American legal system ; ) Originally published : New
York : Garland Publishing , 1988 ( Slavery Race and The American Legal System
1700 - 1872 , ser . 5 ) . Contents : A charge delivered to the grand juries of the ...
In briefs filed in the WorldCom , Inc. and Enron ERISA lawsuits , DOL asserted
the position that not only is the appointment of plan fiduciaries itself a ... The DOL
position was adopted by the court in the Enron litigation , In re Enron Corp. Sec .
Author: Marc Gertner
Publisher: International Foundation of Employee benefit
Category: Business & Economics
Marc Gertner, editor and contributor. Written by over 30 experts skilled in various facets of multiemployer benefit plans, this updated volume provides a basic, comprehensive reference for both new and experienced trustees and professionals who serve multiemployer funds. This compilation of collective wisdom offers the chance to learn from each other on a wide range of topics in 50 chapters. New topics in this edition include pension plan mergers, internal controls, reading and understanding employee benefit plan financial statements, managed prescription drug benefit programs, trends in multiemployer health plan design and recent regulations in compliance regarding HIPAA and COBRA. International Foundation. 536 pages. 2006
Handbook on ERISA Litigation .. Handbook on Insurance Coverage Disputes .
Health Care Facilities Risk Management : Forms , Checklists & Guidelines ....
Health Care Fraud and Abuse Compliance Manual Health Care Labor Manual ...
( LITIGATION AND ADMINISTRATIVE PRACTICE SERIES ) 1623 ERISA Litigation . Max J Schwartz & Practising Law Institute . Practising Law Institute . (
LITIGATION COURSE HANDBOOK SERIES , No. 207 ) 1625 ERISA , Securities
... (k) Answer Book Quick Reference to ERISA Compliance Pension Investment Handbook Individual Retirement Account Answer Book Nonqualified Deferred
Compensation Answer Book Periodicals and Electronic Titles ERISA Litigation
Author: Alan P. Woodruff
Publisher: Panel Pub
Taking a practical 'how to' approach, ERISA LAW ANSWER BOOK places an emphasis on decision making as it focuses on questions commonly asked of pension and health plan advisors in connection with the administration of retirement programs. Rather than merely citing the Code and Regulations for authority and identifying cases which support the proposition or answer given, this work sets forth a discussion of case authorities which have dealt with the relevant situation at hand, and provides a careful analysis of how those cases apply. Key topics covered include: Benefit arrangements subject to ERISA Construing and interpreting ERISA plans Notice, reporting, and disclosure Plan funding Plan distribution Benefit accrual and vesting Fiduciary duties and liabilities Preemption Standard of review Bankruptcy.
The Commission ' s brief in Klein is available at http : / / www . sec . gov / litigation
/ briefs / klein . txt . ' In re Enron Corp . Securities , Derivative & ERISA Litigation ,
235 F . Supp . 2d 549 , 692 , Fed . Sec . L . Rep . ( CCH ) P 92239 ( S . D . Tex .
... Division of Corporation , Finance and Securities Law , 197478 ) Publications : HANDBOOK ON ERISA LITIGATION ( Co - Author ) ( Aspen Law & Business
1992 & 1994 ) Faculty Elizabeth J. Bondurant , Atlanta , Georgia Carter & Ansley
Publication : REFERENCE HANDBOOK ON INSURANCE COMPANY
INSOLVENCY ( Editor ) ( ABA 3d Ed . 1993 ) ... State Bar of Michigan
Publications : HANDBOOK ON ERISA LITIGATION ( Co - Author ) ( Aspen Law &
Business 1992 & 1994 ...
Schindel , Donald M. • Wiley J ; 1995 · 1 If ; 336p ; $ 87.00 ; ISBN 0471115819 ERISA litigation formbook , 1995 ... 425p ; 69.00 ; ISBN 0409303895 The
essential limited liability company handbook : the newest alternative in business .
, Ist ed .
The point of this sentence was to describe why the state cause of action in
Ingersoll - Rand was pre - empted by ERISA 502 ( a ) : It was pre - empted
because it attempted to convert an equitable remedy into a legal remedy .
Nowhere in Rush ...
GS - 0950 -- Paralegal Specialist Series * This series includes positions not
requiring professional legal competence which ... This knowledge is used to : ( 1 )
interpret such laws as the Employee Retirement Income Security Act ( ERISA ) ...